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Donny Online Terms and Conditions

General terms and conditions of use

These General Terms of Use govern the contents and use of the website www.donny.co.uk (including, (where relevant) any correspondence, content or materials submitted by you to or via the website) (the “Site”).  Please read these terms carefully before using the Site.  By visiting or using this Site and/or any content or materials available you signify that you have read, understand and agree to be bound by these General Terms of Use.  If you do not agree to these General Terms of Use, do not use the Site.

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these General Terms of Use at any time.

Your continued use of the Site will be subject to the most current version of the General Terms of Use posted on the Site at the time of such use.  We recommend that you read through the General Terms of Use available on the Site from time to time so that you can be sure that you are aware of and agree to the latest version.

If you breach any of the General Terms of Use, we shall be entitled to withdraw your permission to use this Site and you must immediately cease use of the Site and destroy any materials downloaded or printed from the Site.

From time to time we may supplement these General Terms of Use with additional terms relevant to specific content, features or events.  These additional terms may be placed on this Site to be viewed in connection with the specific content, features or events and shall be identified as such. You understand and agree that any such additional terms are hereby incorporated into these General Terms of Use.

Contents

1. Ownership

This Site is owned and operated by Donny Online (“we”, “us”). If you would like to contact us or complain about anything contained on the Site, please contact us using our contact form.

2. Accessing and Using the Site

2.1 You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to you.

2.2 Without limiting the foregoing, you agree that when using the Site you will not:

(a) intimidate or harass others or disclose personal information about others;

(b) publish, post, upload, transmit, share, store, distribute, disseminate or otherwise make available any content, material or information that is or may reasonably be construed as unlawful, defamatory, infringing, obscene, sexually explicit, harmful, fraudulent, confidential, hateful, discriminatory, threatening or otherwise illegal or anything which might constitute a criminal or civil offence, promote violence or incite racial or other hatred;

(c) upload any files that contain software, content or material of any other nature which contain Rights of any third party or which are protected by rights of privacy or publicity of any third party without having first received all necessary consents;

(d) upload, post, transmit, share or otherwise make available any material that contains viruses, corrupted files, or any other computer code, files, software or programs that may interfere with, damage, interrupt, destroy or limit the functionality of the Site or any computer software, hardware or telecommunications equipment;

(e) use or attempt to use another’s login, service or system without their authorisation, or create a false identity on the Site or impersonate others;

(f) post content which promotes a product or service;

(g) promote any activity that is illegal; or

(h) use software to harvest information from the Site.

2.3 You agree to comply with all reasonable instructions that we may give you from time to time regarding the use of the Site.

2.4 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Site. You are responsible for ensuring that no one uses your equipment to access the Site without your permission. We will be entitled to assume that anyone who accesses the Site using your equipment has your permission to do so and you will be liable for any charges, costs, liabilities or damages that may be incurred by any such person when using the Site.

3. Members’ Pages

3.1 The Site comprises public facing sections which are accessible to all users of the Site  and other sections which are only accessible to members (“Members’ Pages”).

3.2 Only members are eligible to access and use the Members’ Pages on the Site.  Users need to register on the Site to use the Members’ Pages and will be required to agree to and by bound by separate Members’ terms of use

4. Property Rights and Rights of Use

4.1 All Rights in and to the Site and all content and materials contained in the Site (including without limitation any text, photographs, pictures, graphics, diagrams, video, audio, music, software, applications and their compilation and lay out (the “Site Content”) are owned by and shall remain owned by us or our licensors (except for your own User Generated Content which you post to the Site which is governed by the Members’ terms of use). You may view, download and print one copy of the Site Content made available to you through the Site subject to the following conditions:

(a) the Site and Site Content may only be used for your personal, non-commercial purposes;

(b) Site Content shall not be reproduced or included in any other work or publication in any medium;

(c) Site Content may not be modified, copied, altered, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part;

(d) you may not remove any copyright or other proprietary notices contained in any Site Content.

4.2 Any other use of the Site Content (except as expressly permitted in these General Terms of Use) is prohibited.

4.3 Save as expressly permitted herein, any copying, reproduction, modification, distribution or sale of any Site Content or use of Site Content for any purpose shall be an infringement of our Rights. 

4.4 In the event that you download any Site Content from the Site, you own the medium on which the Site Content is recorded but we do not transfer title to such Site Content to you and we retain full and complete title to the Site Content at all times, and all Rights therein (save in respect of any User Generated Content). You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce any software contained in the Site Content to eye-readable form.

4.5 Please contact us if you believe that content displayed on the Site has violated your copyright or other Rights.

4.6 For the purposes of these General Terms of Use, “Rights” means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including any such rights in computer software and databases), rights in performances, database rights and moral rights, rights subsisting in inventions, designs, drawings and computer programs (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world.

5. Competitions and Prize Draws

From time to time it may be possible to enter competitions or prize draws through the Site. There may be additional terms and conditions applicable to those competitions or prize draws. Where additional terms apply you will be notified of that fact and given an opportunity to read and agree to those terms and conditions before you enter the competition or the prize draw.

6. Site access

6.1 While we endeavour to ensure that the Site is normally available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period.

6.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

7. Disclaimers

7.1 While we endeavour to ensure that the Site Content is correct, we do not warrant the accuracy and completeness of the Site Content on the Site.  Commentary and information is not intended to amount to advice and you should not rely on it without seeking independent advice for your circumstances.  We may make changes to the Site Content, or to any products, prices or fees described in it, at any time without notice. The Site Content may be out of date, and we make no commitment to update such material.

7.2 We will exercise all reasonable skill and care in providing the Site. Some Site Content is provided by third parties and we do not guarantee or accept any responsibility for the accuracy, completeness, currency or reliability of any such Site Content.

7.3 We are not responsible or liable in any manner for any User Generated Content or any other third party content on the Site and we do not control and are not responsible for what members or any other users post, transmit or share on the Members’ Pages (including without limitation via Profiles and the Forum) or on the Site nor for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content that any user may encounter on or in connection with the User Generated Content or any other third party content on the Site. 

7.4 Therefore, except as expressly provided in these General Terms of Use, the Site and all Site Content provided through it are provided on an "as is" basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise).  To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties (including, but not limited to, any implied warranty of the fitness for a particular purpose of the Site or Site Content or that your use of the Site or Site Content will not infringe the rights of any third party).  

 7.5 We do not warrant that the Site, any Site Content and any function of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations that the Site and the Site Content will meet your requirements nor do we make any warranty or representations regarding the use or the results of the use of any Site Content in terms of their completeness, accuracy, currency, reliability, or otherwise. We will not be held responsible for the security of the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

7.6 Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions of limitations regarding the exclusion of implied warranties.

8. Links, Third Party Websites and Purchases

8.1 This Site contains links to websites and microsites (“sites”) operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any such sites which you may access through this Site or any services that they may provide. Without limiting the foregoing, these sites are not in any way approved, checked, edited, vetted or endorsed by us and you agree that we shall not be responsible or liable in any way for the content, advertising, products or services available from such sites, their suitability, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality or functionality of any products or services available on such sites or for any transactions, dealings or arrangements that you may have, or the consequences of such transactions, dealings or arrangements, with such third party site operators. 

8.2 If you choose to access a site beyond our control, you do so at your own risk. You agree that any use of any such third party site may be subject to your acceptance of the third party’s terms and conditions.  You agree that any transactions, dealings or arrangements (including without limitation buying any products or services) you carry out on any third party site shall be direct with such third party (on the terms and conditions (if any) of such third party) and not with us. You agree that we are not liable in any way in relation to such transactions, dealings or arrangements.

8.3 From time to time third parties may link to our Site without our express consent or knowledge. We are not responsible in any way for any dealings which you may have with these unauthorised sites or any content which may be displayed or linked to by these third parties. If you do come across any link which is offensive or otherwise unsuitable or inappropriate to us or our users please let us know.

8.4 If you purchase via the Site any merchandise, products or services of any kind you will be contracting directly with a third party seller and not with The Donny Online or any of its parent companies, subsidiaries or affiliates.  All purchases made via the Site will be subject to such third party’s terms and conditions.  You agree that we are not liable in any way in relation to any transactions, dealings or arrangements of any kind made between you and any third party seller via the Site and any such transactions, dealings or arrangements are at your sole risk and responsibility. 

10. Liability

10.1 Nothing in these General Terms of Use shall exclude or limit our liability for:

(a) death or personal injury caused by our negligence; or

(b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or

(c) any liability which cannot be excluded or limited under applicable law.

10.2 You expressly agree that your use of and browsing of the Site and the use of Site Content are at your own risk

10.3 Subject to clause 10.1, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the incident that caused your claim; or (c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or the Site Content; (ii) any failure or delay in the use of any component of the Site, the Site Content or any service including, without limitation, any unavailability of the Site, the Site Content or the services irrespective of the duration of any period of unavailability; or (iii) any use of or reliance upon any Site Content or any other information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.

10.4 Laws applicable in your country of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

10.5 Without limiting the effect of clause 10.3, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any Site Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content.

11. Indemnity

11.1 You agree to indemnify, keep indemnified, defend and hold us and our parent companies, subsidiaries, affiliates and each of our respective officers, directors, employees, owners, agents,  contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with your use of the Site, the Site Content or the services provided through the Site, your conduct in connection with the Site or services provided or with other users of the Site, any purchases, transactions, dealings or arrangements with any third party via the Site or on a third party site, or any violation of these General Terms of Use or of any law or the rights of any third party.

12. Termination

12.1 We may remove the Site or cease the provision of any of the services available through the Site at any time in our sole discretion for any reason whatsoever.

12.2 We may terminate your access to the Site for any reason in our sole discretion at any time with or without notice.

12.3 Without prejudice to the foregoing, in the event that you breach these General Terms of Use, we may suspend your access to the Site including the Members’ Pages (if applicable) until such breach is remedied or, without prejudice to our other rights and remedies, we shall be entitled to terminate your use of and access to the Site, and if applicable, your membership entitlement to use and access the Members’ Pages immediately without notice. 

12.4 Upon termination of your access to the Site for any reason, you must destroy all  Site Content obtained from this Site and any and all copies thereof, whether made under these General Terms of Use or otherwise.

13. Data Protection and Privacy

We will only use any personal information that we may collect about you in accordance with our Privacy Policy. Click here to view our Privacy Policy. This policy forms an essential part of these General Terms of Use and it is important that you read it. By accepting these General Terms of Use you also accept and consent to our Privacy Policy.

14. General

14.1 Any failure or delay by us to enforce any of our rights under these General Terms of Use is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.

14.2 Save in respect of clause 11, these General Terms of Use are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these General Terms of Use under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

14.3 If any clause or part of a clause of these General Terms of Use is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these General Terms of Use. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these General Terms of Use.

14.4 The warranties, exclusions and the other express provisions of these General Terms of Use, the Members’ Terms of Use (if applicable) and the Privacy Policy set out the full extent of our obligations and liabilities concerning its subject matter and supersede any previous agreements between the parties relating thereto. Subject to clause 10.1(b) you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these General Terms of Use other than any remedy you may have for breach of the express terms of these General Terms of Use.

14.5 This Agreement is governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.

These Members’ Terms of Use govern the contents and use of the members-only section of the website www.donny.co.uk (the “Site”), which are only accessible to members, including without limitation, your Profile (as defined below) and the Forum (as defined below) (“Members’ Pages”).  Please read these terms carefully before accepting these Members’ Terms of Use and using the Members’ Pages.  By clicking to accept these Members’ Terms of Use you confirm that you have read, understand and agree to be bound by these Members’ Terms of Use.  If you do not agree to the Members’ Terms of Use, do not click to accept these Members’ Terms of Use and do not use the Members’ Pages or the Site.

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Members’ Terms of Use at any time.  Your continued use of the Members’ Pages will be subject to the most current version of the Members’ Terms of Use posted on the Site at the time of such use.  We recommend that you read through the Members’ Terms of Use available on the Site from time to time so that you can be sure that you are aware of and agree to the latest version.

If you breach any of the Members’ Terms of Use, we shall be entitled to withdraw your permission and you must immediately cease to access and use the Members’ Pages and the Site.

From time to time we may supplement these Members’ Terms of Use with additional terms relevant to specific content, features or events.  These additional terms may be placed on the Members’ Pages to be viewed in connection with the specific content, features or events and shall be identified as such. You understand and agree that any such additional terms are hereby incorporated into these Members' terms of use.

 

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